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HomeMy WebLinkAboutRes No 1334PLANNING COM4ISSION RESOLUTION NJ. 1334 A RESOLUTION OF THE PLANNING C M'4ISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW OONSTRUGTION AND OPERATION OF A 236 UNIT TIMESHARE PROJECT TO BE LOCATED ON LOT 3, TRACT NO. 19619, ON THE EASTERLY PROPERTY OF THE MARRIOTT'S DESERT SPRINGS RESORT. CASE NOS. PP/CUP 88-12 and TT 23904 WHEREAS, the Planning Catm.ission of the City of Palm Desert, California, did on the 7th day of February, 1989, hold a duly noticed public hearing to consider the request of MARRIOTT OWNERSHIP RESORTS, INC., for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of ccmrtuzity development has determined that the project will not have an adverse impact on the environment and a negative declaration of environmental impact is hereby certified; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning ca mission did find the following facts and reasons to exist to justify granting approval of said precise plan, tentative tract map and conditional use permit: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. The design, improvements, type of development, and density of the proposed map are consistent with the State Subdivision Map Act, Palm Desert Subdivision and Zoning Ordinance, and General Plan. 5. The design of the subdivision will not result in substantial environmental damage, injure fish or wildlife, or result in public health problems. Water, sewer, and drainage improvement shall be as approved by the Coachella Valley Water District, the Riverside County Health Department, and the engineering division of the Palm Desert Department of Public Works. 6. The proposal will not conflict with public easements. PLANNING 0.TTISSION RESOLUTION NO. 1334 7. The design will allow unrestricted solar access to all lots. 8. That the proposed location of the conditional use is in accord with the objectives of the Palm Desert Zoning Ordinance and the purpose of the district in which the site is located. 9. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 10. That the proposed conditional use will comply with each of the applicable provisions of the Palm Desert Zoning Ordinance, except for approved variances or adjustments. 11. That the proposed conditional use complies with the goals, objectives, and policies of the city's general plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan/Conditional Use Permit 88-12 is hereby granted for reasons subject to the attached conditions. 3. That the planning cannission toes hereby approve the above described Tentative Map No. 23904 on file in the Department of Community Development, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Cannission, held on this 7th day of February, 1989, by the following vote, to wit: AYES: DOWNS, LADLOW, WHITLOC , ERWOOD NOES: NONE fr/ ABSTAIN: NONE ABSENT: RICHARDS ERWOOD, Chai ATTEST: RAMON A. DIAZ, Secret /tn 2 PLANING CDNMISSIC'I RESOLUTION NO. 1334 CONDITIONS OF APPROVAL CASE NOS. PP/CUP 88-12 AND TT 23904 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall cctmence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission mission City Fire Marshal Public Works Department Palm Desert Water & Services District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant agrees to pay a future reasonable assessment for Cook Street improvements including bridges at Interstate 10 and the Whitewater Channel in an amount not to exceed $3,500.00 per acre. 6. All future occupants of the building shall comply with parking requirements of the ordinance. 7. Marketing practices shall not include street solicitation. 8. Advertising shall strictly adhere to Palm Desert's Zoning Ordinance Chapter 25.68 pertaining to signage. 9. The Cook Street entryway shall be enhanced to provide a public amenity in the form of landscaping and a water element. The plan shall be approved 3 PLANNIN3 C WISSION RESOLUTION ND. 1334 by the architectural review commission mission and completed prior to issue of certificate of occupancy on phase I of this tract. 10. Applicant shall pay fees as determined by Desert Sands Unified School District. 11. Applicant shall be subject to Art in Public Places fee per Ordinance No. 473. Department of Public Works: 1. Storm drain construction shall be contingent upon a drainage study prepared by a civil engineer that is reviewed and approved by the department of public works. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 3. All private streets, driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 4. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 5. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Code. 6. Traffic analysis to be prepared for the project to address the specific impacts on existing networks (street and intersections) and the proposed mitigation measures recommended for approval by the city. 7. Pad elevations, as shown on the tentative map and preliminary grading plan are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 8. Applicant shall agree to participate in and contribute their fair share to the Cook Street extension project (continuation of Cook Street to Interstate 10) when requested. The amount shall not exceed $3,500.00 per acre. Riverside County Fire Department: 1. The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 4 PLANNING COMMISSION RESOLUPION NO. 1334 2. Residential Area: Provide, or show there exists, a water system capable of providing a potential fire flow of 2500 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 3. Commercial Area: Provide, or show there exists, a water system capable of providing a potential fire flow of 3000 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 3 hours duration at 20 psi residual operating pressure. 4. A fire flow of 1500 gpm for a 2 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 5. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 150' from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 6. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. 7. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 8. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. 9. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803, for sprinkler system. 10. Install tamper alarm on supply valve for sprinkler systems. Tamper switch must also ring waterflow alarm. 11. Certain designated areas will be required to be maintained as fire lanes. 12. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. 5 PLANNING CC:MISSION RFSOLUTION NO. 1334 13. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. 14. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be rot less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minims. 45' radius turn -around (55' in industrial developments). 15. Radius for all access must be a minimum 45 feet. Entrance fountains and center medians may have to be cut back/reduced to provide adequate ingress/egress for emergency vehicles. 16. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a radio -controlled over -ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 12', with a minimum vertical clearance of 13'6". 17. Occupancy separation will be required as per the Uniform Building Code. 18. Fire Access: Minimum 20 foot width with permanent lane delineators. Provide tie in to existing public road or another fire access lane. Port Cochere at Central Facilities Building must have minimum 13'6" clearance. 19. Install panic hardware and exit signs as per Chapter 33, sections of the Uniform Building Code. 20. Contact the fire department for a final inspection prior to occupancy. /tm 6